Is Zakat obligatory on the produce of 'Ushri land purchased by a Dhimmi?

Chapter on Zakat on Crops and Fruits

Al-Mughni

Book of Zakat

Book 8 · Issue 2 · Bab 4

Open in Qurani

Primary text

If a Dhimmi acquires land that was subject to 'Ushr, no 'Ushr is due on its produce. This is because Zakat is an obligation upon Muslims, not upon the Dhimmi, analogous to the Zakat due on commercially raised livestock ('Sa'imah), which is waived for a Dhimmi owner. The rationale for doubling the 'Ushr upon the Dhimmi purchasing such land is rejected as an arbitrary judgment lacking textual basis or sound analogy.

Supporting text

There is a dissenting view that if they acquire it, the 'Ushr is doubled upon them and one-twentieth is taken from them because withholding the 'Ushr from the produce harms the poor.